[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 1]
The purpose of this Part is to create an airport district overlay
that considers safety issues around the Allegheny County Airport,
regulates and restricts the heights of constructed structures and
objects of natural growth, creates appropriate zones, establishing
the boundaries thereof and providing for changes in the restrictions
and boundaries of such zones, creates the permitting process for use
within said zones and provides for enforcement, assessment of violation
penalties, an appeals process, and judicial review.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 2]
The Airport District Overlay shall not modify the boundaries
of any underlying zoning district. Where identified, the Airport District
Overlay shall impose certain requirements on land use and construction
in addition to those contained in the underlying zoning district.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 3]
The following words and phrases when used in this Part shall
have the meaning given to them in this section unless the context
clearly indicates otherwise:
The highest point of an airport's usable landing area
measured in feet above sea level. The elevation of the Allegheny County
Airport is 1,250 feet above mean sea level.
Any structure or object, natural or man-made, or use of land
which obstructs the airspace required for flight or aircraft in landing
or taking off at an airport or is otherwise hazardous as defined in
14 CFR Part 77 and 74 Pa, Cons. Stat. § 5102.
Any area of land or water upon which an airport hazard might
be established if not prevented as provided for in this Part and the
Act 164 of 1984 (Pennsylvania Laws Relating to Aviation), 74 Pa.C.S.A.
§ 5911 et seq.
An imaginary surface longitudinally centered on the extended
runway center line and extending outward and upward from each end
of the primary surface. An approach surface is applied to each end
of the runway based on the planned approach. The inner edge of the
approach surface is the same width as the primary surface and expands
uniformly depending on the planned approach. The approach surface
zone, as shown on Figure 27-15-1, is derived from the approach surface.
An imaginary surface extending outward and upward from the
periphery of the horizontal surface at a slope of 20 feet horizontally
to one foot vertically for a horizontal distance of 4,000 feet. The
conical surface zone, as shown on Figure 27-15-1, is based on the
conical surface.
Pennsylvania Department of Transportation.
Federal Aviation Administration of the United States Department
of Transportation.
For the purpose of determining the height limits in all zones
set forth in this Part and shown on the Zoning Map, the datum shall
be mean sea level elevation unless otherwise specified.
An imaginary plane 150 feet above the established airport
elevation that is constructed by swinging arcs of various radii from
the center of the end of the primary surface and then connecting the
adjacent arc by tangent lines. The radius of each arc is based on
the planned approach. The horizontal surface zone, as shown on Figure
27-15-1, is derived from the horizontal surface.
A runway that is constructed for and intended to be used
by propeller driven aircraft of greater than 12,500 pounds maximum
gross weight and jet powered aircraft.
A runway having an existing instrument approach procedure
utilizing air navigation facilities with only horizontal guidance,
or area type navigation equipment, for which a straight-in non-precision
instrument approach procedure has been approved or planned.
Any preexisting structure, object of natural growth, or use
of land which is inconsistent with the provisions of this Part or
an amendment thereto.
Any structure, growth, or other object, including a mobile
object, which exceeds a limiting height set forth by this Part.
A runway having an existing instrument approach procedure
utilizing an Instrument Landing System (ILS) or a Precision Approach
Radar (PAR). It also means a runway for which a precision approach
system is planned and is so indicated on an approved airport layout
plan or any other planning document.
An imaginary surface longitudinally centered on the runway,
extending 200 feet beyond the end of paved runways or ending at each
end of turf runways. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the runway center
line. The primary surface zone, as shown on Figure 27-15-1, is derived
from the primary surface.
A defined area of an airport prepared for landing and takeoff
of aircraft along its length.
An object, including a mobile object, constructed or installed
by man, including but without limitation, buildings, towers, cranes,
smokestacks, earth formation and overhead transmission lines.
An imaginary surface that extends outward and upward from
the edge of the primary surface to the horizontal surface at a slope
of seven feet horizontally to one foot vertically. The transitional
surface zone, as shown on Figure 27-15-1, is derived from the transitional
surface.
Any object of natural growth.
A runway that is constructed for and intended to be used
by propeller driven aircraft of 12,500 pounds maximum gross weight
or less.
A runway intended solely for the operation of aircraft using
visual approach procedures.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 4]
1.
There are hereby created and established certain zones within this Part, defined in § 27-1503 and depicted on Figure 27-15-1 and illustrated on the Allegheny County Airport (AGC) Airspace Plan (Drawing 6 of the AGC Airport Master Plan, as amended, including zoomed-in maps of the Borough of Liberty depicted on Figures 27-15-2 and 27-15-3), all hereby adopted as part of this Part, which include:
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 5]
1.
As regulated by Act 164 and defined by 14 CFR Part 77.13(a) (as amended or replaced), any person who plans to erect a new structure, to add to an existing structure, or to erect and maintain any object (natural or man-made), in the vicinity of the airport, shall first notify the Department's Bureau of Aviation (BOA) by submitting PennDOT Form AV-57 to obtain an obstruction review of the proposal at least 30 days prior to commencement thereof. The Department's BOA response must be included with this permit application for it to be considered complete. If the Department's BOA returns a determination of no penetration of airspace, the permit request should be considered in compliance with the intent of this Part. If the Department's BOA returns a determination of a penetration of airspace, the permit shall be denied, and the project sponsor may seek a variance from such regulations as outlined in § 27-1506.
2.
No permit is required to make maintenance repairs to or to replace
parts of existing structures which do not enlarge or increase the
height of an existing structure.
3.
No notice or review under this section is required for any of the
following construction or alteration:
A.
Any object that would be shielded by existing structures of a permanent
and substantial character or by natural terrain or topographic features
of equal or greater height, and would be located in the congested
area of the Borough of Liberty where it is evident beyond all reasonable
doubt that the structure so shielded will not adversely affect safety
in air navigation.
B.
Any antenna structure of 20 feet or less in height except one that
would increase the height of another antenna structure.
C.
Any air navigation facility, airport visual approach or landing aid,
aircraft arresting device, or meteorological device, of a type approved
by the Administrator of the FAA, or an appropriate military service
on military airports, the location and height of which is fixed by
functional purpose.
D.
Any construction or alteration for which notice is required by any
other FAA regulation.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 6]
1.
Any request for a variance shall include documentation in compliance
with 14 CFR Part 77, Subpart B (FAA Form 7460-1 as amended or replaced).
Determinations of whether to grant a variance will depend on the determinations
made by the FAA and the Department's BOA as to the effect of
the proposal on the operation of air navigation facilities and the
safe, efficient use of navigable air space. In particular, the request
for a variance shall consider which of the following categories the
FAA has placed the proposed construction in:
A.
No Objection. The subject construction is determined to not exceed
obstruction standards and marking/lighting is not required to mitigate
potential hazard. Under this determination a variance shall be granted.
B.
Conditional Determination. The proposed construction/alteration is determined to create some level of encroachment into an airport hazard area which can be effectively mitigated. Under this determination, a variance shall be granted contingent upon implementation of mitigating measures as described in § 27-1509, "Obstruction Marking and Lighting."
C.
Objectionable. The proposed construction/alteration is determined
to be a hazard and is thus objectionable. A variance shall be denied
and the reasons for this determination shall be outlined to the applicant.
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Such requests for variances shall be granted where it is duly
found that a literal application or enforcement of the regulations
will result in unnecessary hardship and that relief granted will not
be contrary to the public interest, will not create a hazard to air
navigation, will do substantial justice, and will be in accordance
with the intent of this Part.
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[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 7]
Notwithstanding any other provisions of this Part, no use shall
be made of land or water within the Airport District Overlay in such
a manner as to create electrical interference with navigational signals
or radio communications between the airport and aircraft, make it
difficult for pilots to distinguish between airport lights and others,
impair visibility in the vicinity of the airport, create bird strike
hazards or otherwise endanger or interfere with the landing, takeoff
or maneuvering of aircraft utilizing the Allegheny County Airport.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 8]
The regulations prescribed by this Part shall not be construed
to require the removal, lowering, or other change or alteration of
any structure or tree not conforming to the regulations as of the
effective date of this Part, or otherwise interfere with the continuance
of a nonconforming use. No nonconforming use shall be structurally
altered or permitted to grow higher, so as to increase the nonconformity,
and a nonconforming use, once substantially abated (subject to the
underlying zoning ordinance,) may only be reestablished consistent
with the provisions herein.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 9]
Any permit or variance granted pursuant to the provisions of this Part may be conditioned according to the process described in § 27-1506 to require the owner of the structure or object of natural growth in question to permit the municipality, at its own expense, or require the person requesting the permit or variance, to install, operate, and maintain such marking or lighting as deemed necessary to assure both ground and air safety.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 10]
Any person or other entity who violates or permits the violation of this Part shall be subject to the remedies and penalties provided for in § 27-1106 of this chapter.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 11]
Any party aggrieved by a determination made pursuant to the enforcement of this Part shall have any rights to appeal provided for in § 27-1201 of this chapter or as provided by such other agency or court as may be applicable.
[Ord. 206, 4/15/1957; as added by Ord. 2011-07, 12/21/2011,
§ 12]
Where there exists a conflict between any of the regulations
or limitations prescribed in this Part and any other regulation applicable
to the same area, the more stringent limitation or requirement shall
govern and prevail.
